Exposure Law Protects Topless Transgender Men

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An incident at a Delaware beach provided an example of the intricacies of indecent exposure laws when some transgender men took off their tops over the Memorial Day weekend. The men exposed their breasts, prompting some beachgoers to call the police.

The men spent part of the weekend at Delaware's Rehoboth Beach, which isn't a topless beach, The (Wilmington, Del.) News Journal reports.

Police say passers-by complained after the men removed their tops and revealed their surgically enhanced breasts over Memorial Day weekend. A lifeguard asked them to put their tops back on. The men initially refused, but covered up before police arrived.

Even if they hadn't, though, Police Chief Keith Banks notes the men were doing nothing illegal. Since they have male genitalia, they can't be charged with indecent exposure for showing their breasts. Banks says there's no need for a specific law to address the issue.

Rehoboth Beach commissioner Kathy McGuiness isn't so sure. She says the matter will be discussed at a town hall meeting next week.